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data protection request - its now passed the deadline

(7 Posts)
bjkmummy Thu 01-Nov-12 07:44:52

deadline was tuesday - no sign of it - sent it to LA asking for all files on him . had an excuse last week that it was due to staff leave but now they are over the deadline - what do you do now? im in the middle of the tribunal process, can i ask the tribunal to order the release of all the documents? i know that going down the complaint route to the information commsioner can be a long drawn out process

Iceflower Thu 01-Nov-12 08:12:41

Hello, it may be worth ringing the contact number again and ask the data. Offer to pick it up if necessary (if you are able to). Remind them they are outside the time, and their obligations.

The same thing happened to me and the phone call was all it took. Sometimes I think they're just trying it on to see if you squeak.

If you get no joy then ask tribunal and complain to the IC.

Iceflower Thu 01-Nov-12 08:24:26

And don't stress if you're not able to meet deadlines for submissions to tribunal; in practice they are reasonable and will accept evidence past the deadline smile

inappropriatelyemployed Thu 01-Nov-12 08:27:01

Beware that the ICO are rubbish and over stretched and not remotely interested in investigating breaches like this.

I had a file withheld deliberately for 8 months. The ICO did nothng

inappropriatelyemployed Thu 01-Nov-12 08:37:16

I think you would have to start selling people's personal data in the street for the ICO to raise the remotest concern!

bjkmummy Thu 01-Nov-12 09:26:20

i will phone them tomorrow and ask if i can come down and collect it as they usually have to send it out by recorded delivery anyway. my tribunal deadline isnt until mid january so i still have plenty of time as i requested the info as soon as i found out when the tribunal date was. the are now making a bit of an issue re statementing process that someone took the decision not to get SALT and OT reports done on J so i am interested to see if there is any mention of this in the files otherwise i will need to ask them directly who made that decision as my parental evidence clearly listed my concerns etc and now everyone tells me that its quite unusual not to have SALT report on an asd child. have to say, the LA are now talking me so thats a step forward - their defence to my tribunal is that they are still thinking about everything but are not using delaying tactics meanwhile my son is not getting any of the extra help he needs.

Nigel1 Thu 01-Nov-12 14:14:52

Refer the matter to the Data Protection Officer at the Council. They normally sit outside the LA normally the County Solicitors department . They administer the process and like any good administrator they dont like things out of place. Get them on your side and they will push from the inside. Plan B ask for a direction from SEND to order the LA to release the files pointing out that the LA are outside the DPA time line.
Hope this helps

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